Critical Race Realism: Intersections of Psychology, Race, and Law

by Gregory S. Parks (Editor), Shayne Jones (Editor), W. Jonathan Cardi (Editor)

Overview

Building on the field of critical race theory, which took a theoretical approach to questions of race and the law, Critical Race Realism offers a practical look at the way racial bias plays out at every level of the legal system, from witness identification and jury selection to prosecutorial behavior, defense decisions, and the way expert witnesses are regarded.

Using cutting-edge research from across the social sciences and, in particular, new understandings from psychology of the way prejudice functions in the brain, this new book—the first overview of the topic—includes many of the seminal writings to date along with newly commissioned pieces filling in gaps in the literature. The authors are part of a rising generation of legal scholars and social scientists intent on using the latest insights from their respective fields to understand the racial biases built into our legal system and to offer concrete measures to overcome them.

Product Details

ISBN-13:	9781595581464
Publisher:	New Press, The
Publication date:	08/01/2008
Pages:	340
Product dimensions:	6.90(w) x 10.00(h) x 1.30(d)

About the Author

Gregory S. Parks is an assistant professor at Wake Forest UniversitySchool of Law. Parks holds an MA, an MS, and a PhD in psychology and a JD. He served as a law clerk on the District of Columbia Court of Appeals to the Honorable Anna Blackburne-Rigsby and the U.S. Court of Appeals for the Fourth Circuit to the Honorable Andre M. Davis. Parks has also worked in private practice in Washington, D.C. He is the co-editor (with Shayne Jones and W. Jonathan Cardi) of Critical Race Realism and a co-editor (with Matthew W. Hughey) of 12 Angry Men, both published by The New Press.

Shayne Jones is an associate professor in the department of criminology at the University of South Florida. He has worked with juvenile justice agencies in Florida and Pennsylvania, focusing on assessment and treatment issues. He is a co-editor, with Gregory S. Parks and W. Jonathan Cardi, of Critical Race Realism: Intersections of Psychology, Race, and Law (The New Press).

W. Jonathan Cardi is the associate dean for research and development and a professor of law at Wake Forest UniversitySchool of Law. He is a co-author of a torts casebook, a remedies casebook, and two commercial outlines and is a co-editor, with Gregory S. Parks and Shayne Jones, of Critical Race Realism: Intersections of Psychology, Race, and Law (The New Press). He has served as president of the Southeastern Association of Law Schools and chair of the Remedies Section of the AALS and is a member of the American Law Institute. He is also a contributor to the European Group on Tort Law. Cardi clerked for the Honorable Judge Alan Norris, U.S. Federal Court of Appeals Judge for the 6th Circuit, before working as a litigator at the D.C. law firm Arnold & Porter. Prior to joining Wake Forest, he was a faculty member at the University of Kentucky College of Law, where he taught for eight years.

Table of Contents

Permissions     ix
Foreword   Richard Delgado     xi
Introduction     xv
Toward a Critical Race Realism   Gregory S. Parks     1
Legal Actors and Participants
Stereotypes and Prejudice: Helping Legal Decisionmakers Break the Prejudice Habit   Jody Armour     11
Implicit Racial Attitudes of Death Penalty Lawyers   Theodore Eisenberg   Sheri Lynn Johnson     33
Advocacy Against the Stereotype: Lessons from Cognitive Social Psychology   Gary Blasi     45
Individual and Intergroup Processes to Address Racial Discrimination in Lawyering Relationships   Carwina Weng     64
Race and Juries: An Experimental Psychology Perspective   Samuel R. Sommers   Omoniyi O. Adekanmbi     78
African Americans on the Witness Stand: Race and Expert Witness Testimony   Veronica S. Tetterton   Stanley L. Brodsky     94
Does Race Matter? Exploring the Cross-Race Effect in Eyewitness Identification   Steven M. Smith   Veronica Stinson     102
Civil Law
The Search for Racial Justice in Tort Law   W. Jonathan Cardi     115
Trojan Horses of Race   Jerry Kang     125
Affirmative Action: Images and Realities   KristinaR. Schmukler   Elisabeth Morgan Thompson   Faye J. Crosby     155
Behavioral Realism in Employment Discrimination Law: Implicit Bias and Disparate Treatment   Linda Hamilton Krieger   Susan T. Fiske     165
African American Families, Child Maltreatment, and Parental Rights Termination Litigation   Matthew B. Johnson   Kideste M. Wilder   Misha S. Lars     191
The Law of Implicit Bias   Christine Jolls   Cass R. Sunstein     206
Criminal Law
Toward a Radical Psychology: Psychology, Race, Environment, and Crime   Shayne Jones   Michael J. Lynch     225
The Psychology of Hate Crime Law, Victims, and Offenders   Megan Sullaway     235
Prejudice and Police Profiling   Roger G. Dunham   George Wilson     246
The Influence of Criminal Defendants' Afrocentric Features on Their Sentences   William T. Pizzi   Irene V. Blair   Charles M. Judd     259
Fear and Fairness in the City: Criminal Enforcement and Perceptions of Fairness in Minority Communities   Richard R.W. Brooks     271
About the Contributors     285
Notes     287